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JOHNS v. STATE

No. 89-KA-0705.

592 So.2d 86 (1991)

Charles JOHNS v. STATE of Mississippi.

Supreme Court of Mississippi.

Dissenting Opinion January 29, 1992.

Attorney(s) appearing for the Case

Herman F. Cox, Jimmy D. McGuire, McGuire & Cox, Gulfport, for appellant.

Mike C. Moore, Atty. Gen., John R. Henry, Jr., Sp. Asst. Atty. Gen., Jackson, for appellee.

Before ROY NOBLE LEE, C.J., and PRATHER and PITTMAN, JJ.

Dissenting Opinion of Justice Banks January 29, 1992.

PRATHER, Justice, for the Court:

I. INTRODUCTION

Charles Johns was indicted on August 25, 1988, in Pearl River County for the sale of cocaine in violation of Miss. Code Ann. § 41-29-139(a)(1) and (b)(1) (1972, as amended), a schedule II controlled substance under Miss. Code Ann. § 41-29-115(A)(a)(4), and as a second and subsequent offender under section 41-29-147.1...

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